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1979 Supreme(SC) 419

O.CHHINNAPPA REDDY, R.S.SARKARIA
Bangaru Narasingha Rao Naidu – Appellant
Versus
Revenue Divisional Officer, Vizianagaram – Respondent


JUDGMENT

CHINNAPPA REDDY, J.:— Pursuant to a notification dated 26th Nov. 1952, issued under Sec. 4 of the Land Acquisition Act, land of the extent of one acre 31566 square ft. in T. S. Nos. 1123/1A and ID and 1123/1B and ID belonging to the appellants in these two appeals was acquired for the purpose of constructing houses for sweepers and scavengers who had been uprooted from where they were previously living as a result of the extension of the K. S. Hospital in Visakhapatam. The Land Acquisition Officer first separately calculated the average price of land under deeds of sale of land in the neighbourhood in each of the three years 1950, 1951 and 1952 and thereafter took the average of the three figures so contained. He awarded compensation at that final average rate which was Rs. 6.14 annas per sq. yard. On references made under Sec. 18 of the Land Acquisition Act at the instance of the claimants the learned Subordinate Judge of Visakhapatnam enhanced the compensation to Rs. 11/- per sq. yard. The learned Subordinate Judge. primarily, took into account Exhibits B11 and B12 which were sale deeds dated 12th Sept. 1950 and 29th Jan. 1951, in respect of parcels of land out of the ve








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